Labor and Employment Law

Recent Posts

Document Review Attorneys May Not Be Exempt From OT, Court Says
Posted on 24 Jul 2015 by Robin Shea

Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday. Large law firms and legal services vendors often hire stables of contract lawyers... Read More

Three Minor Leaguers Claim Major League Baseball Violated the Fair Labor Standards Act
Posted on 14 Feb 2014 by Eric Meyer

When you think of minor league baseball, you may draw on movies like Bull Durham or The Rookie ; long bus trips from stadium to stadium where teams play in front of small crowds for small pay. Well, apparently, the pay may be small enough to trigger... Read More

What Would Jesus Pay? Day Rates under the FLSA
Posted on 20 Sep 2011 by Jon Hyman

So I sat in church yesterday morning listening to the parable about the workers in the vineyard. Since I'm Jewish and haven't spent a whole lot of time inside churches, it was the first time I had ever heard this story. For those, like me,... Read More

Is On-Call Time Compensable In New Jersey?
Posted on 14 Feb 2011 by David S. Rich

In New Jersey, on-call time is considered hours worked when calls are so frequent or the on-call conditions so restrictive that the employees are not really free to use the intervening periods effectively for their own benefit. On-call time is not... Read More

Duane Morris Alert: New York DOL Releases Proposed Wage Deduction Regulations
Posted on 31 May 2013 by Duane Morris LLP

Employers should take comfort that the DOL has provided guidance on how to make deductions for salary advances and overpayments, which have been legal since November. Last summer, the New York Legislature passed legislation that amended Section... Read More

You Should Pay Attention To This Post If You Have Unpaid Interns
Posted on 20 Mar 2012 by Jon Hyman

According to, wage and hour litigation is big, and getting bigger . One area that has been poised for a take-off for a couple of years is unpaid internships. Three recent filings illustrate the dangers of using unpaid interns in your business... Read More

When Are Meal Periods Compensable?
Posted on 12 Mar 2015 by Steptoe & Johnson PLLC

by Joseph U. Leonoro As we have highlighted previously on this blog, employers have faced an onslaught of wage-and-hour litigation in recent years. Many of those cases have been filed as class or collective actions on behalf of hundreds and even thousands... Read More

Are My Business’s Workers In New Jersey Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?
Posted on 20 May 2011 by David S. Rich

The federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations, 29 C.F.R. § 510 et seq. , require nearly all employers to pay most employees not less than the... Read More

New Overtime Regulations Will Impact Five Million Workers
Posted on 2 Jul 2015 by Ashley Kasarjian

For the first time in over a decade, the Department of Labor proposed updates today to the federal Fair Labor Standards Act (“FLSA”) white collar overtime regulations. These changes will impact businesses throughout the United States . The... Read More

Florida Retail Federation Supports Wage Theft, Loses Argument
Posted on 20 Apr 2012 by Donna Ballman

If big corporations wonder why average Americans think they're pond scum, they need look no further than the recent efforts of the Florida Retail Federation in favor of allowing companies to steal your wages. That's right. The Florida Retail... Read More

Employees May Choose a Working Lunch (But Employers Beware): An Analysis of Brinker Restaurant Corp. v. Superior Court
Posted on 15 May 2012 by LexisNexis Labor & Employment Law Community St

In Brinker Restaurant Corp. v. Superior Ct, the California Supreme Ct, gave employers a major, if incomplete, victory, holding that employers must provide (not ensure) that meal periods are taken. But what affirmative steps -- if any -- must employers... Read More

Class Certification Properly Denied to Sephora Workers Suing for Misclassification
Posted on 27 Feb 2015 by Robin Largent

On Feb. 26, a California Court of Appeal issued its published decision in Mies v. Sephora , holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative... Read More

Court "Certifies" Gawker Media Interns' Collective Action
Posted on 29 Aug 2014 by Fisher & Phillips LLP

by John E. Thompson After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential plaintiffs... Read More

IRS to Employers: Raise Your Hand If You've Misclassified Workers
Posted on 21 Feb 2012 by Margaret (Molly) DiBianca

All individuals performing work for an employer should be classified as employees or independent contractors. Employees are then further classified under the Fair Labor Standards Act as "exempt" or "non-exempt" for purposes of overtime... Read More

Comments to Proposed DOL FLSA 13(a)(1) Exemptions Already Being Filed
Posted on 11 Aug 2015 by Fisher & Phillips LLP

by John E. Thompson Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about... Read More